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Questions Answered by Stephen K. Hachey
2 Answers | Asked in Real Estate Law for Florida on
Q: Three people are on the same house deed. One of the people lives in the house and she gets married.

If she dies can the 2 people left on the deed put the husband out?

Stephen K. Hachey
Stephen K. Hachey answered on Sep 17, 2019

Depends on the language in the deed regarding how the property is currently owned.

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2 Answers | Asked in Real Estate Law for Florida on
Q: How much notice does a landlord/realtor need to give you to show the house?

We are currently in our lease for another two months and our landlord just gave us notice he will be selling the home. How much notice must the landlord/ realtor give us before showing the home? I’ve read both 12 hours and 24 hours.

Stephen K. Hachey
Stephen K. Hachey answered on Sep 16, 2019

Florida statutes state 12 hours for repair, but are silent regarding showings. I advise clients to provide 24 hour notice to tenants.

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1 Answer | Asked in Real Estate Law for Florida on
Q: Please explain FL Statues 95.11(5)(h)

I purchased a foreclosure property 1/17 and got my Certificate of Title and the mortgage company filed court papers 9/18 more than a year after and we went to mediation today and they wanted me to pay of the mortgage of $260,000. Please explain

Stephen K. Hachey
Stephen K. Hachey answered on Sep 12, 2019

Sounds like you may have purchased a CT from either a 2nd mortgage foreclosure or an HOA foreclosure.

1 Answer | Asked in Real Estate Law and Intellectual Property for Florida on
Q: I have an escrow case in FL that will be filed by escrow company to interpleader action. Could I represent myself?

I deposited 7K to escrow to purchase a property, with a contingency, that if denied by HOA, I wouldn't be able to purchase. I was denied by HOA, but the listing agent claimed owners wants 100% of my deposited funds to escrow.

Stephen K. Hachey
Stephen K. Hachey answered on Sep 11, 2019

Yes, you can represent yourself if purchasing the property individually (vs. an LLC, for instance)

1 Answer | Asked in Real Estate Law for Florida on
Q: Does a seller have to disclose a known non termite pest issue? Can the seller be legally liable if they do not disclose

Seller has spent thousands of dollars to locate and eradicate the pest but they are still occasionally present. All pest control companies are baffled and have recommended the house be sold.

Stephen K. Hachey
Stephen K. Hachey answered on Sep 5, 2019

Yes, must be disclosed.

1 Answer | Asked in Real Estate Law for Florida on
Q: Does Florida law require the real estate agent to take the house off the market once it is under contract (not sold)?

We anticipate even though the buyer is paying cash the sale may not go through. Buying with cash is supposed to make the process easier, but we have not found that thus far, partly due to the agent, partly due to the buyer. We would like potential buyers to continue to see the house. It has been... Read more »

Stephen K. Hachey
Stephen K. Hachey answered on Sep 3, 2019

It is not a Florida law. It is most likely the rule of the Realtor's local association. If you need assistance with the closing and a title company, I'd be happy to help.

2 Answers | Asked in Real Estate Law for Florida on
Q: Can a court in Indiana decide what happens to my property in Florida?

My ex boyfriend and I own a home in Indiana and Largo, Florida. I moved to Florida and now am a Florida resident. I moved here to get away from him. Can a court in Indiana decides what happens to our property in Florida or will it have to go to court here? He is an Indiana resident.

Stephen K. Hachey
Stephen K. Hachey answered on Aug 19, 2019

A partition lawsuit to force the sale of Florida property would be required to filed in Florida. I service the Largo area and would be happy to set up a free consultation.

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2 Answers | Asked in Real Estate Law for Florida on
Q: Can I reneg on paying for this condo?

I purchased a condo in Florida in 1984 as a rental property. I refinanced a few times and still have a sizeable balance (but I am not underwater after many years of being in that situation). The mortage has passed many hands with over the years with a new processor about every five years, or so.... Read more »

Stephen K. Hachey
Stephen K. Hachey answered on Aug 13, 2019

Your best option is either a short sale or a traditional sale - provided there is equity after the mortgage and closing costs have been paid.

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1 Answer | Asked in Real Estate Law for Florida on
Q: I am wondering if HOA Estoppel letters are mandated by any law in Florida?

I have a seller providing documentation that all HOA dues/fees are paid current and the title company is willing to accept that. However, the HOA is demanding an estoppel letter?

(Thanks Sephen for the response, but that is not what I was asking. The Title company and buyer are accepting... Read more »

Stephen K. Hachey
Stephen K. Hachey answered on Aug 12, 2019

The HOA provides an estoppel letter to the title company. Our underwriter requires it. I'm certain the buyer would require it as well.

2 Answers | Asked in Real Estate Law for Florida on
Q: Can I sell my house if there are outstanding code violations on it?
Stephen K. Hachey
Stephen K. Hachey answered on Aug 9, 2019

Yes, you can sell, but will need to disclose to buyer. Often times, the county will reduce the fines if the buyer remedies the violations. I am happy to assist with the selling process. For a free phone consultation, please call 813-549-0096. Thanks Attorney Stephen Hachey

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3 Answers | Asked in Real Estate Law for Florida on
Q: Can I have a quit claim deed and a life estate deed at the same time
Stephen K. Hachey
Stephen K. Hachey answered on Aug 9, 2019

I don’t fully understand your question, but I am happy to set up a free phone consultation. 813-549-0096. Attorney Stephen Hachey

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3 Answers | Asked in Bankruptcy and Real Estate Law for Florida on
Q: Me and my boyfriend are buying an apt My name will not be either I’m the deed nor the mortgage

Even though I am contributing financially to the purchase what paper agreement can we make that give me ownership

Stephen K. Hachey
Stephen K. Hachey answered on Aug 9, 2019

You would need to be on the deed or you could lend him the money for a 2nd mortgage on the property.

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2 Answers | Asked in Real Estate Law for Florida on
Q: my mother put my sister on the deed of her house with a JTWROS Now my brothers are furious.

My sister will not relinquish her share of the deed. Can my mother convey her share of the house to my brothers?

Stephen K. Hachey
Stephen K. Hachey answered on Aug 1, 2019

Yes, she can convey her share to the brothers. The brothers will own the house with the sister as tenants in common. Our office can prepare the deed. Thanks, Attorney Stephen Hachey 813-549-0096

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2 Answers | Asked in Real Estate Law for Florida on
Q: How to hold title to an inherited beach cottage with my brother in Florida.

It is now titled as "tenants in common". I want him to have it when I die with out going through probate. However, I would like the option to be able to change my mind on this. Is joint tenancy the only option or will some kind of "Lady Bird" deed solve the problem?

Stephen K. Hachey
Stephen K. Hachey answered on Jul 31, 2019

Our office can prepare a lady bird deed. Thanks Attorney Stephen Hachey 813-549-0096

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1 Answer | Asked in Real Estate Law for Florida on
Q: Can a FL realtor move your listing to a new broker without your consent?

Say you signed with REmax. Could your listing go to Keller Williams without your approval or without you signing a new listing agreement? I have heard no from a few realtors.....

Stephen K. Hachey
Stephen K. Hachey answered on Jul 28, 2019

It would depend on the language in the agreement. With that being said, listings belong to the broker not to the realtor (aka agent).

1 Answer | Asked in Real Estate Law for Florida on
Q: FL Real Estate. I was granted co-ownership of my deceased fathers condo. My sibling is making it difficult to sell and

disregard

Stephen K. Hachey
Stephen K. Hachey answered on Jul 27, 2019

Before taking any action, I recommend contacting a local real estate attorney such as myself to discuss filing a partition lawsuit.

1 Answer | Asked in Real Estate Law, Foreclosure and Civil Litigation for Florida on
Q: I have filed a request for surplus funds from the sale of my fraudulently foreclosed upon property. MUST this be....

NOTARIZED, even tho’ I am well known? I have filed a timely request in the court, but I was not informed of this by the deputy clerk. The court evidentiary hearing date was changed from July 31 to this Monday, July 29, 10:30 am, just yesterday, Friday, at 5:03 with just a phone call. The case is... Read more »

Stephen K. Hachey
Stephen K. Hachey answered on Jul 27, 2019

Yes, any affidavit for a mortgage surplus must be notarized. UPS stores charge $10 to notarize a document.

1 Answer | Asked in Real Estate Law for Florida on
Q: If a fl real estate agent changes brokers does he need to notify clients and have them sign a new listing agreement?

Are there repercussions if he doesn’t follow through and continues to market the property? If so, what?

Stephen K. Hachey
Stephen K. Hachey answered on Jul 25, 2019

Yes. Otherwise, the listing remains with his old brokerage.

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